INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term penalty as the total amount of fine, costs, and charges for committing and conveying the defaulter to prison.
SECTION WORDING
734.8(1) In this section, "penalty" means the aggregate of (a) the fine, and (b) the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7).
EXPLANATION
Section 734.8(1) of the Criminal Code of Canada outlines the definition of "penalty" when dealing with a convicted offender who fails to pay their fine. The penalty refers to the total amount owed by the offender, including the fine and any additional costs or charges related to their commitment to prison. When an offender is found guilty and ordered to pay a fine, they are given a certain amount of time to make the payment. If the offender fails to pay within the given time period, they may be brought before a judge and could face further consequences. If deemed necessary, the offender may be ordered to be committed to prison until the fine is paid in full. The "penalty" referred to in Section 734.8(1) represents the total cost of this commitment, including any expenses related to the offender's conveyance to and from prison. The amount of the penalty owed by the offender will be calculated based on regulations outlined in subsection 734(7) of the Criminal Code of Canada. Overall, the purpose of Section 734.8(1) is to ensure that convicted offenders fulfill their obligation to pay their fines in a timely manner, and to outline the full cost of any legal action taken against them should they fail to do so.
COMMENTARY
Section 734.8(1) of the Criminal Code of Canada provides a comprehensive definition of the term penalty" in the context of criminal sentencing. This definition is important as it outlines all the financial costs that an offender may have to pay if they are convicted of a criminal offense. Subsection 734(7) of the Criminal Code provides regulatory powers to the Governor in Council to establish regulations for calculating costs related to criminal sentences. By including this provision in the definition of penalty," Section 734.8(1) ensures that all such costs are accounted for when determining the total amount an offender must pay. The regulation of costs serves several purposes in the criminal justice system. Firstly, it is intended to be a deterrent to criminal behavior. If individuals know that they will be forced to pay a substantial amount of money if they are caught breaking the law, they may be less likely to engage in criminal activity. Secondly, the regulation of costs ensures that the victims of crime receive the restitution that they are entitled to. Thirdly, the regulation of costs also helps to offset the financial burden that is placed on society as a result of criminal activity. The calculation of costs under Section 734.8(1) includes the fine and costs associated with committing and conveying the defendant to prison. This allows for all expenses related to the arrest, transportation, and detention of the offender to be accounted for when determining the final amount to be paid. These costs can be substantial and may range from a few hundred dollars to many thousands of dollars, depending on the nature and severity of the offense. The regulation of costs is an essential component of the criminal justice system, as it ensures that offenders are held accountable for their actions, and victims receive the restitution that they are entitled to. The inclusion of Section 734.8 in the Criminal Code of Canada ensures that costs are calculated in a fair and consistent manner, helping to promote transparency and equity in the criminal justice system. In conclusion, Section 734.8(1) is a critical provision in the Criminal Code of Canada, as it provides a comprehensive definition of the term penalty." As such, it ensures that all costs related to a criminal sentence are accounted for when determining the final amount an offender will be required to pay. By doing so, Section 734.8(1) supports the regulation of costs- an essential component of the criminal justice system.
STRATEGY
Section 734.8(1) of the Criminal Code of Canada outlines the definition of penalty" and includes the aggregate amount of fine, costs, and charges associated with imprisonment. For individuals involved in criminal proceedings, this section requires careful consideration as it outlines the potential financial cost for those who are convicted. One strategy that can be employed when dealing with this section of the Criminal Code of Canada is to negotiate with the Crown to minimize the costs associated with imprisonment. This can be accomplished through the use of plea negotiations, where the defendant agrees to plead guilty to lesser charges in exchange for reduced penalties. Negotiating for reduced penalties can help to reduce the overall financial burden of a criminal conviction and minimize the impact on the individual's future opportunities. Another strategy that can be employed is to argue against the imposition of costs associated with conveying the defaulter to prison, arguing that it places an undue financial burden on individuals who are already facing significant penalties. By making a case against these costs, individuals may be able to reduce the overall amount of the penalty. It is also important to consider the potential impact of a criminal conviction on future opportunities and financial stability. A criminal conviction can impact future employment opportunities, education opportunities, and financial stability. For this reason, individuals should seek the advice of a qualified criminal defense lawyer who can assist in developing a strategy to minimize the long-term impact of a conviction. Finally, it is important to be aware of the potential for the Crown to seek harsher penalties, including a greater financial penalty, in cases where the defendant has a prior criminal record. In these cases, it may be necessary to develop a strategic defense that takes into account the defendant's prior criminal activity and works to minimize the potential impact of a harsher sentence. In summary, dealing with Section 734.8(1) of the Criminal Code of Canada requires careful consideration and a strategic approach. Some strategies that can be employed include negotiating with the Crown, arguing against certain costs associated with imprisonment, seeking the advice of a criminal defense lawyer, and developing a strategic defense that takes into account the defendant's prior criminal record. By carefully considering these strategies, individuals can work to minimize the financial impact of a criminal conviction and protect their future opportunities and financial stability.